Joint Education Committee Meeting Minutes

Committee Meeting Information

January 19-20, 2010

Wy Contractors Assoc/McMurry Training Center

Casper, Wyoming

Committee Members Present

Senator Henry H.R. “Hank” Coe, Co-Chairman

Representative Del McOmie, Co-Chairman

Senator Kit Jennings

Senator Mike Massie

Senator Kathryn Sessions

Senator Michael Von Flatern

Representative Bob Brechtel

Representative Bernadine Craft

Representative Cathy Connolly

Representative Ross Diercks

Representative Alan Jaggi

Representative Tom Lubnau

Representative Robert McKim

Representative Matt Teeters

Legislative Service Office Staff

Dave Nelson, School Finance Manager

Matt Sackett, Research Analyst

Matt Willmarth, School Finance Analyst

Josh Anderson, Staff Attorney

Others Present at Meeting

Please refer to Appendix 1 to review the Committee Sign-in Sheet
for a list of other individuals who attended the meeting.

Executive Summary

The Committee received testimony on the school foundation program fiscal profile, the educational resources final report, national board certified teachers, the school activities association, dual and concurrent enrollment and professional development. The Committee voted to sponsor the following legislation: 10LSO-0134.C2 Teacher shortage loan repayment program, 10LSO-0153.C2 Post secondary education options program, 10LSO-0183.C2 Elementary foreign language instruction, 10LSO-0184.C2 School finance-distance education, 10LSO-0185.C2 School finance-student enrichment instruction and 10LSO-0186.C2 School finance audits-amendment.

Call To Order (1/19/2010)

Co-Chairman McOmie called the meeting to order at 8:30 am. The following sections summarize the Committee proceedings by topic. Please refer to Appendix 2 to review the Committee Meeting Agenda.

Approval of Minutes

Senator Jennings moved that the minutes from the November 4-5, 2009 meeting be approved with no changes. The motion was seconded and passed by voice vote.

Updated School Foundation Program Profile

Mr. Matt Willmarth of the Legislative Service Office provided a handout to the Committee (see Appendix 3 for a copy of the handout). He noted that there was an impact to the foundation profile because the preliminary enrollment numbers had increased.

Mr. Dave Nelson of the Legislative Service Office noted that the projections were revised based on a relatively large increase in enrollment. Mr. Willmarth noted that the projections are based on what is currently in statue and noted the combined impact of enrollment increases on both the foundation account an the school capital construction account.

Educational Resources Final Report

Ms. Amy Manly of the Department of Education provided a handout of the report (see Appendix 4 for a copy of the handout). She noted that there had been some modifications since the presentation to the Committee at its September meeting. She stated that that the report had been updated with 2008-09 data and noted that the methodology in appendix B was revised. Further, more detailed information by district was included at the request of the Committee.

In response to a question, Mr. Willmarth noted that funding for supplies is generated based on ADM and that when a district opens a new school, the furniture, fixtures and library books are funded by the school facilities commission.

In response to a question, Ms. Manly noted that the employment data does not include open positions. She noted that the Department had been told in some cases there was not enough room in the school to employ additional teachers. Mr. Willmarth stated that the findings are very similar to the findings of Dr. Picus in his study.

Ms. Manly noted that the data used in the report is self reported by the district and noted that this is the first time the information has been used in this capacity. She noted that the hope would be to lessen the reporting burden on the school districts.

In response to a question, Mr. Joe Simpson, Deputy State Superintendent, noted that the Department is working toward a system that can upload data from the district. He stated that transcripts can be transferred around the state. Mr. Nelson provided a handout to the Committee on the most recent enrollment figures (see Appendix 5 for a copy of the handout).

National Board Certification and Instructional Facilitators

Ms. Rae Lynn Job and Ms. Mary Ellbogen provided three handouts to the Committee on national board certification (see Appendix 6 for a copy of the handouts). Mr. Simpson stated that the Department of Education is very supportive of the national board certified program.

Ms. Job noted that the Joint Appropriations Committee was looking into the program and that she has worked with the department of education in the preparation of a budget footnote.

In response to a question about instructional facilitator funding in the upcoming biennium, Mr. Nelson noted that 2009 legislation providing for the increase in instructional facilitator funding was for one year and the department could not include a request for funding in their standard budget request. Mr. Simpson noted that the department supports the program.

Mr. Brian Recht of Albany County School District #1 stated that instructional facilitators are a critical component to high levels of achievement and noted that their graduation, proficiency and ACT scores are all improving.

Ms. Michelle Hoffman of Fremont County School District #14 stated that she was worried about the possibility of needing to cut staff and that instructional facilitators are important.

Wyoming High School Activities Association

Mr. Trevor Wilson of the Wyoming High School Activities Association and Mr. Leeds Pickering of the Department of Education addressed the Committee concerning transportation for school activities. Mr. Wilson noted that the activities association only schedules football and noted that they do not schedule any other sports for the regular season. He stated that, in relation to the postseason, any community can bid on hosting the postseason events. He noted that the association considerers facilities, money to the association, restaurants and any other considerations which will allow the board to determine what is best for the students. He noted that they do take distance into consideration, but stated that unless they have everything in Casper, someone will have to travel.

Mr. Wilson noted that other than football, the schools decide who is in what conference and how many times they play. He also noted that they do not schedule the freshman teams and that every school is a little different on how they handle those teams.

Mr. Pickering noted that the state department encourages districts to be good stewards of the state’s money. Mr. Pickering noted that many of the expenses are outside of their control and noted that the price of diesel fuel is rising.

Mr. Wilson noted that the association has a disbandment policy and that if there are less than 6 teams for 2 years in any activity, it is no longer a sanctioned activity. He noted that to add an activity they need 8 member schools with a signed document from the school board. Mr. Pickering noted that reimbursement for transportation does include “feeder” teams so that junior high teams that are not officially sanctioned get reimbursed for transportation.

Mr. Wilson noted that the Association will do a better job of letting schools know that this concern of excess transportation is out there.

Pending Legislation

Mr. Nelson noted that most of the bills to be considered by the Committee originated from the September and November meetings.

10LSO-0134.C1 Teacher shortage loan repayment program

Mr. Nelson provided a handout of the bill (see Appendix 7 for a copy of the handout). He noted that this bill originated from the University wanting to extend the program past the 2011 sunset date. The University provided a handout to the Committee on the program (see Appendix 8 for a copy of the handout). The community college commission also provided a handout on the program (see Appendix 9 for a copy of the handout).

Mr. Nelson noted that making the change now would allow the colleges and university to continue taking applications for the program without interruption in the middle of a future biennial period.

Mr. Don Richards of the University of Wyoming noted that if the sunset date is moved to a budget year the governor can determine whether to include the program in the budget or not.

In response to a question, Dr. Kay Persichitte of the University of Wyoming stated that while she cannot say whether or not the program is attracting additional students, it is encouraging students to stay in Wyoming after graduation.

Representative Teeters made a motion that the Committee sponsor the bill. The motion was seconded.

In response to a question, Mr. Richards stated that while the program has been profiled a $400 thousand per year, the expenditures have been consistently been lower and that they would be comfortable with $300,000. Senator Massie made a motion that the bill be amended to include an appropriation of $300,000 for the second year of the biennium. The motion was seconded and passed by voice vote

The Committee voted to sponsor the bill as a Senate file by roll call vote. See the vote form attached to the bill.

10LSO-0183.C1 Elementary foreign language instruction

Mr. Nelson provided a handout of the bill to the Committee (see appendix 10 for a copy of the handout). Mr. Nelson explained the bill. Ms. Sue Belish of Sheridan School District #1 stated that there is no money for the program and that foreign language should either be taught beginning in kindergarten and continuing through grade 12 or the requirement should be repealed.

Representative McOmie moved that the Committee sponsor the bill as a House bill. The motion was seconded and passed by roll call vote. See the vote form attached to the bill.

10LSO-0184.C1 School finance-distance education

Mr. Nelson provided a handout of the bill to the Committee (see Appendix 11 for a copy of the handout). Mr. Nelson noted that the bill was drafted to address a problem with financial resources when districts enter into an arrangement to allow a student to take courses at another district. He stated that the tuition revenues were considered as a local resources to the district providing distance education and were counted against the district's guarantee. He stated that under the bill those revenues would not be considered as a local resource.

Senator Massie moved that the Committee sponsor the bill. The motion was seconded and the Committee voted to sponsor the bill as a House bill by roll call vote. See the vote form attached to the bill.

10LSO-0185.C1 School finance-student enrichment instruction

Mr. Nelson provided a handout of the bill to the Committee (see Appendix 12 for a copy of the handout). He noted that the program was not forwarded in the department's budget. Mr. Simpson noted that while the bridges program is remedial, this program is purely an enrichment program.

Senator Sessions moved that the Committee sponsor the bill and the motion was seconded.

Senator Massie made a motion to trim the program to a one year appropriation for school year 2010-2011 only. The motion was seconded and passed by voice vote.

The Committee voted to sponsor the bill as a Senate file by roll call vote. See the vote form attached to the bill.

10LSO-0186.C1 School finance-audits-amendment

Mr. Nelson provided a handout of the bill to the Committee (see Appendix 13 for a copy of the handout). He noted that the bill would put the statute in sync with the way that the department of audit does business. Mr. Rich Cummings of the department of audit noted that the department would do a full audit on a 5 year cycle and a component audit every year.

Senator Jennings moved that the Committee sponsor the bill. The motion was seconded and passed by roll call vote as a house bill. See the vote form attached to the bill.

10LSO-0194.C1 Compulsory school attendance

Mr. Nelson provided a handout of the bill to the Committee (see Appendix 14 for a copy of the handout). He noted that the bill increases the age of compulsory school attendance to the student's 18th birthday or completion of the 12th grade.

Mr. Mike Zmudzinski of the home educators group stated that the bill takes rights away from home educators and is a threat to education and freedom.

Mr. Simpson noted that the compulsory attendance would only apply until the student turned 18 or until the student received a diploma. He noted that the change to 18 was suggested in order to impact the dropout rate.

The bill was not forwarded by the Committee for lack of a motion.

10LSO-0136.C1 Schools-continuum of at-risk support services

Mr. Nelson provided a handout of the bill to the Committee (see Appendix 15 for a copy of the handout). Mr. Simpson stated that there was a state wide task force on at-risk students. He noted that the bill is from recommendations of that task force.

Mr. Nelson explained the bill and noted that it would provide statewide guidelines and standards for at-risk programs. Mr. Mike O'Donnell, State's Counsel, stated that the Supreme Court noted that at-risk was a concern but that they did not say how the state has to address it.

In response to a question, Mr. Simpson noted that much of what would happen under the bill is that the state could standardize programs addressing at-risk students that are already happening in many of the districts and making the at-risk programs more transparent.

The bill was not forwarded by the Committee for lack of a motion.

Community College Outreach Programs

Ms. Sue Riske provided a handout to the Committee of a report on dual and concurrent enrollment programs (see Appendix 16 for a copy of the handout). She noted that the report had also been presented to the Community College Task Force and was forwarded by the Task Force to the Committee as its recommendation pertaining to seamless educational opportunities.

Ms. Job noted that these programs are happening all over Wyoming and that while many students participate, not all eligible students can access them. She stated that it was in the state's and students' interest to ensure these programs are accessible and affordable and that their recommendation was to designate an entity to provide oversight to these programs and to provide for more consistency and uniformity.

Mr. Kevin Mitchell of Platte County School District #1 stated that if one student is taking a college level class and another is taking weightlifting, those courses are not equal and stated that there is a need to have weighted grades to encourage students to take those harder courses.

Meeting Recess

Co-Chairman McOmie recessed the Committee at 5:15 pm.

Call To Order (11/5/2009)

Co-Chairman Coe reconvened the Committee meeting at 8:30 am.

Pending Legislation (Continued)

10LSO-0182.C1 School finance-special education

Mr. Nelson provided a handout of the bill to the Committee (see Appendix 17 for a copy of the handout). Mr. Nelson explained the bill and noted that the intent was to maximize dollars available for special education.

Ms. Peg Brown Clark of the Wyoming Board of Education provided 3 handouts to the Committee on special education (see Appendix 18 for a copy of the handouts). Ms. Clark explained the handouts and noted that the federal funds have to be used to supplement, not supplant, state funds. She also noted that there is a requirement of “maintenance of effort” establishing the same level of state spending.

In response to a question, Ms. Stephanie Weaver of the Department of Education stated that the identification of special education students is increasing at 4 to 7% per year. She noted that the purpose of the bill is to utilize more federal funds.

Senator Massie made a motion to table the bill. The motion passed by a roll call vote, see vote form attached to the bill.

Community College Outreach Programs (continued)

10LSO-0153.C1 Post secondary education options program

Mr. Nelson provided a handout of the bill to the Committee (see Appendix 19 for a copy of the handout). Ms. Job noted that the purpose of the bill is to put a process in place to develop a common ground for these programs and narrow the scope of any variance.

Mr. Nelson explained the bill and noted that the bill would require the agreements to comply with rule and regulation as adopted by the community college commission.

Senator Jennings made a motion that the Committee sponsor the bill, the motion was seconded.

Representative Craft moved that the bill be amended on page 4 to delete line 6 through13. The motion was seconded and passed by voice vote. Representative Craft made a motion that on page 4, line 16, after “Wyoming,” insert “and involved BOCES”. The motion was seconded and passed by voice vote.

Senator Massie made a motion that on page 2, line 20 after “education,” insert “community colleges and the university”. The motion was seconded and passed by voice vote.

Senator Massie made a motion that on page 10, line 22 delete "general fund" and insert "budget reserve account". The motion was seconded and passed by voice vote.

Senator Massie made a motion to amend the bill on page 4 line 14, after "any" insert "school district or", on page 4-line 16 delete "the University of Wyoming" and on page 4-line 17 after "commission" insert "on student participation and completion and". The motion was seconded and passed by voice vote.

Senator Massie made a motion on page 4, delete lines 20 through 23, to delete lines 1 through 6 on page 5 to delete lines 19 through 23 on page 5 lines 1 through 11 on page 6. And on page 4 insert: "By October 1, the commission shall report to the joint education committee, the department of education, the community colleges and the University of Wyoming on statewide program revenues, expenditures and student participation and program completion.” The motion was seconded and passed by voice vote.

The Committee voted to sponsor the bill as a Senate file by a roll call vote. See the vote form attached to the bill.

Professional Development Presentation

Mr. Charlie Luke and Mr. Cory Linton of the School Improvement Network provided two handouts to the Committee (see Appendix 20 for a copy of the handout). Mr. Linton noted that they provide training videos for teachers and that it could result in a cost savings for professional development. Mr. Luke noted that it would include a reporting tool which would provide data on professional development.

Strategic Plan

Dr. Jim Rose of the Community College Commission provided a handout of the strategic plan to the Committee (see Appendix 21 for a copy of the handout). He noted that it was a collaborative process and that it is a fluid document which will need to be updated periodically. The strategic plan was presented on behalf of the Commission and the Task Force pursuant to 2009 law.

Adjourned at 11:35.

Meeting Adjournment

There being no further business, Co-Chairman Coe adjourned the meeting at 11:35 a.m.

Respectfully submitted,

Senator Coe, Co-Chairman Representative McOmie, Co-Chairman

File Storage: f://aa/school2010/education/minutes/Education Minutes 1-19-2010

Appendix	Appendix Topic	Appendix Description	Appendix Provider
1	Committee Sign-In Sheet	Lists meeting attendees	Legislative Service Office
2	Committee Meeting Agenda	Provides an outline of the topics the Committee planned to address at meeting	Legislative Service Office
3	Fiscal profile	Fiscal profile	Legislative Service Office
4	Educational resources	Educational resources report	Department of Education
5	Enrollment	Enrollment	Legislative Service Office
6	National board certification	National board certification	Wyoming National Board Certification Institute
7	10LSO-0134.C1	10LSO-0134.C1	Legislative Service Office
8	Teacher shortage	Teacher shortage	University of Wyoming
9	Teacher shortage	Teacher shortage	Community College Commission
10	10LSO-0183.C1	10LSO-0183.C1	Legislative Service Office
11	10LSO-0184.C1	10LSO-0184.C1	Legislative Service Office
12	10LSO-0185.C1	10LSO-0185.C1	Legislative Service Office
13	10LSO-0186.C1	10LSO-0186.C1	Legislative Service Office
14	10LSO-0194.C1	10LSO-0194.C1	Legislative Service Office
15	10LSO-0136.C1	10LSO-0136.C1	Legislative Service Office
16	Dual and concurrent enrollment	Dual and concurrent enrollment	Ms. Sue Riske and Ms. Rae Lynn Job
17	10LSO-0182.C1	10LSO-0182.C1	Legislative Service Office
18	Special Education	Special Education	State Board of Education
19	10LSO-0153.C1	10LSO-0153.C1	Legislative Service Office
20	Professional development	Professional development	School Improvement Network
21	Strategic plan	Strategic plan	Community College Commission